Research On The Effective Notifications Of The Right Holders In The Field Of Intellectual Property Rights Network Infringement

“Tort liability law” thirty-sixth paragraph second extends “Notification-delete”rule in the field of network copyright infringement to the whole network infringement field,but the difference is that “Tort liability law”is not perfect,the principle provisions infringed the right to enjoy notification,notification facilities not involved.In judicial practice,the notification rules are usually applied to“Information Network Transmission Right Protection Ordinance”,but the notification is easy to satisfy,which leads to frequent abuse of notification by the right people in the online business platform.This article mainly takes the first example of the domestic case to accuse the case of “Knowledge of the hooligan ”as the breakthrough point,and analyzes the subjective and objective judgment criteria of the effective notification.The effective notification of the right person is the premise of triggering and starting the online e-commerce platform to actively delete as a duty.First of all,“Information Network Transmission Right Protection Ordinance” on the right to enjoy with complete and detailed provisions,from this point can be inferred,and not simply as a notice sent by the right people,both real and effective or not,the network business platform has the obligation to take all necessary measures,only to meet the the legal elements are binding to network business platform to actively take the necessary measures.Secondly,the network business platform is responsible for the joint and several liability of Internet users because of its infringement on intellectual property rights.Because it is not an obligation of itself,it is an indirect tort liability.Therefore,we should stick to the prudence principle when we determine the joint and several liability of the network business platform.The notice sent by the right holder can produce substantial results,and the right holder should be careful to make a choice when sending the notice.Therefore,the notifications sent by the right holders in the thirty-sixth second paragraphs of the “Tort Liability Law” should be strictlyinterpreted as that effective notification should be sent.In addition,the principle of balance of interests of intellectual property rights also requires that the right holders should send effective notifications in order to have a positive effect on the network platform.The notifications sent by the right holder only meet the criteria of subjective and objective judgment at the same time in order to identify the notice sent by the owner as effective notification,which can produce substantial results.The right person should have a good faith when sending the notice,that is,in good faith,it believes that its intellectual property rights are infringed on the network.The judgment standard of good faith for the duty of fair use,exhaustion of rights and other non substantive's infringement.Right people spamming notifications when the subjective state should be limited to the purpose of.The objective judgement standard for the right person to send effective notification mainly includes the notification carrier's subjective fitness,enough to cause the reasonable doubt of the network service provider,the specific description of the tort,and the notification is reliable.In the fields of copyright,patent,trademark and other intellectual property rights,when applying the“Notification-delete”rule,we should apply different subjective and objective judgement elements according to their specific tort judgement standard.